HBA-NMO H.B. 3498 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3498 By: Solis, Juan Public Health 3/31/1999 Introduced BACKGROUND AND PURPOSE Psychological associates have historically provided the majority of psychological services to people with mental retardation and developmental disabilities in Texas. However, recent developments in the provision of psychological services have restricted the ability of psychological associates to provide these services. Consumers of these services are increasingly moving towards private sector providers and are relying more on direct Medicaid or other third-party reimbursement. Because psychological associates are not licensed to practice independently, they cannot be reimbursed through Medicaid or other third-party carriers. H.B. 3498 requires the Texas State Board of Examiners of Psychologists to adopt the license classification of "licensed specialist in developmental psychology," and amends the Insurance Code accordingly. Such a license will allow a psychological associate to practice independently. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Examiners of Psychologists in SECTION 1 (Section 26A, Article 4512c, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4512c, V.T.C.S. (The Psychologists' Licensing Act), by adding Section 26A, as follows: Sec. 26A. LICENSED SPECIALIST IN DEVELOPMENTAL PSYCHOLOGY. Requires the Texas State Board of Examiners of Psychologists (board), by rule, to adopt the license classification of "licensed specialist in developmental psychology. Provides that a license under this section constitutes the appropriate credential for a person to provide psychological services without supervision outside a public school setting to persons who are developmentally disabled or mentally retarded and who lack the functional skills required for daily living. Requires the board to set the standards of qualification for a license issued under this section. Sets forth what the standards must include. Provides that the rules of practice for a licensed specialist in developmental psychology must allow the practice of psychology without supervision in state agencies providing services to developmentally disabled and mentally retarded persons and in all other public and private settings in which those persons receive services except public schools. SECTION 2. Amends Subsection (B), Section 2, Chapter 397, Acts of the 54th Legislature, Regular Session, 1955 (Article 3.70-2, Insurance Code), as amended by Chapters 946 and 1260, Acts of the 75th Legislature, Regular Session, 1997, to add to the definition of a "licensed psychological associate" one who provides services permitted without supervision of a licensed psychologist by a second specialty license issued by the board. SECTION 3. Amends Section 1, Article 21.52, Insurance Code, to make a conforming change. SECTION 4. (1) Authorizes a person to be licensed as a specialist in developmental psychology without examination if the person applies on or before September 1, 2000, is licensed in good standing by the board, and if the person has three years or 3,000 hours of professional experience working with persons with developmental disabilities or mental retardation in a public or private setting. (2) Authorizes a person to be licensed as a specialist in developmental psychology if the person applies on or before September, 2000, holds a master's degree from a regionally accredited institution of higher education, has three years or 3,000 hours of professional experience working with persons with development disabilities or mental retardation in a public or private setting, and receives a passing score on written examinations required by the board. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.